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On Demand Audio

Yours, Mine and Ours: Supreme Court Speaks on the Patentability of Human Genes

(399 reviews)

Produced on November 14, 2014

Taught by
$ 59 Intellectual Property and Patent In Stock

Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

Last  summer,  the  Supreme  Court  issued  its  decision  in  Association for Molecular Pathology, et al. v. US Patent and Trademark Office, Myriad Genetics, et al, S. Ct.  2107  (2013),  regarding whether human genes are patentable. Although the Court held that isolated, naturally-occurring DNA  segments  are  unpatentable  products  of  nature,  that  is  not  the  end  of  the  story  for the  biotech  industry.  The  Court  also  held  that  non-naturally  occurring  DNA  segments  are patentable. 


This course explores the Courts’ decision and its effect on the current set of court challenges: the patentability of DNA segments in the context of primers (DNA strands that jumpstart DNA replication) and probes  (which are primers with an attachment). The course also evaluates the new US Patent Office Guidelines issued on March 4, 2014.


Learning Objectives:

I.   Understand  the Supreme Court decision in Association for Molecular Pathology, et  al. v. US Patent and Trademark Office, Myriad Genetics, et al, S. Ct. 2107 (2013)

II.  Grasp  the  patentability  of  DNA  segments  in  the  context  of  primers  (DNA  strands  that  jumpstart  DNA  replication)  and  probes  (which  are  primers  with  an attachment)

III. Evaluate the new US Patent Office Guidelines issued on March 4, 2014


Amy Goldsmith

Tarter Krinsky & Drogin LLP

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.

She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached. If knock-offs are all over social media platforms, Amy will help you take them down.

Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, jewelry, cosmetics, food and nutraceuticals, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods. Amy will help you design privacy policies and terms of use that make sense in the global world in which you operate.

She has been a Vice President of the New York Women's Bar Association and currently is Co-Chair of the CLE Committee. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.

Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.


James P.


James B.

Excellent Presentation.

Saundra Y.

Very nice detailed slides.

Deanne M.

Interesting, although niche topic.

Chia-Lin S.

Interesting topic

Joseph S.

good job

John H.

well spoken

Gerard Charles D.

..clear voice need better background and more slides on biology, the cell and how the DNA is formed.

Beverly S.

Very knowledgeable lecturer.

Douglas W.

one of the best presenters in recent memory

Lynn H.


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